What is Aerus's sole warranty regarding the distribution media and the Software?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
ion of this Software License, Licensee must immediately deliver to Licensor all copies of the Software and the Documentation then in Licensee's possession or control and erase the Software from Licensee's computer system, and must immediately cease to use the Software and the Documentation.
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- Licensor will replace without charge the distribution media (e.g., CD-ROM) containing the Software provided under this Software License if such media contains defects in materials and workmanship that are not caused by Licensee's misuse or negligence. As a substitute for such distribution media, Licensor may grant Licensee online access to a directory from which the Software may be downloaded using the Internet or other online communication method, or Licensee shall grant Licensor remote or in-person access to its hardware in order to permit Licensor to install the Software, whichever Licensor shall designate. The foregoing describes Licensor's sole and exclusive warranty, and Licensee's sole and exclusive remedy, regarding the distribution media and the Software.
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- EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, THERE ARE NO WARRANTIES GRANTED TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR THE SOFTWARE, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES **OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT; ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED. THE SOFTWARE AND DOCUMENTATION IS PROVIDED TO LICENSEE "AS-IS" WITHOUT ADDITIONAL WARRANTY OF ANY KIND. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the company provides a limited warranty regarding the distribution media and software. Aerus will replace the distribution media (e.g., CD-ROM) without charge if it contains defects in materials and workmanship, provided that the defects are not caused by the franchisee's misuse or negligence. As a substitute for the distribution media, Aerus may grant the franchisee online access to download the software or access the franchisee's hardware to install the software.
This replacement policy is the sole and exclusive warranty and remedy available to the franchisee concerning the distribution media and the software. Aerus explicitly disclaims all other warranties, whether expressed or implied. These disclaimed warranties include, but are not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
The software and documentation are provided to the franchisee "AS-IS" without any additional warranty. Aerus does not guarantee that the software's functions will meet the franchisee's requirements or that the software's operation will be uninterrupted or error-free. The franchisee is solely responsible for determining the suitability of the software for their needs, evaluating its capabilities, and ensuring its successful operation.